Question 1

Under ________,if the buyer in an alleged contract for the sale of land has paid any portion of the sale price,has begun to permanently improve the land,or has taken possession of the land,the courts will consider the contract partially performed,and this partial performance will amount to proof of the contract.

Accepted Answer

A)Under the partial-performance exception,if the buyer in an alleged contract for
the sale of land has paid any portion of the sale price,has begun to permanently improve the land,or has taken possession of it,the courts will consider the contract partially performed and this partial performance will amount to proof of the contract.
B)Under the partial-performance exception,if the buyer in an alleged contract for the sale of land has paid any portion of the sale price,has begun to permanently improve the land,or has taken possession of it,the courts will consider the contract partially performed and this partial performance will amount to proof of the contract.

Question 2

A[n] agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.

Accepted Answer

A)A prenuptial agreement is an agreement two parties enter into before marriage
that clearly states the ownership rights each party enjoys in the other party's property.
B)A prenuptial agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.
C)A prenuptial agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.
D)A prenuptial agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.
E)A prenuptial agreement is an agreement two parties enter into before marriage that clearly states the ownership rights each party enjoys in the other party's property.

Question 3

In most states,which of the following are exceptions to when the statute of frauds would apply?

Accepted Answer

A)Like most legal rules,the statute of frauds allows certain exceptions.These
exceptions are 1)admission,2)partial performance,and 3)promissory estoppel.There are also exceptions under the UCC.
B)Like most legal rules,the statute of frauds allows certain exceptions.These exceptions are 1)admission,2)partial performance,and 3)promissory estoppel.There are also exceptions under the UCC.
C)Like most legal rules,the statute of frauds allows certain exceptions.These exceptions are 1)admission,2)partial performance,and 3)promissory estoppel.There are also exceptions under the UCC.
D)Like most legal rules,the statute of frauds allows certain exceptions.These exceptions are 1)admission,2)partial performance,and 3)promissory estoppel.There are also exceptions under the UCC.
E)Like most legal rules,the statute of frauds allows certain exceptions.These exceptions are 1)admission,2)partial performance,and 3)promissory estoppel.There are also exceptions under the UCC.

Question 4

Which of the following is an exception as to when a secondary obligation needs to be in writing?

Accepted Answer

A)There is an exception under which a secondary obligation need not be in writing
- the main-purpose rule.If the main purpose for incurring a secondary obligation is to obtain a personal benefit,the promise does not fall within the statute and does not have to be in writing.
B)There is an exception under which a secondary obligation need not be in writing
- the main-purpose rule.If the main purpose for incurring a secondary obligation is to obtain a personal benefit,the promise does not fall within the statute and does not have to be in writing.
C)There is an exception under which a secondary obligation need not be in writing
- the main-purpose rule.If the main purpose for incurring a secondary obligation is to obtain a personal benefit,the promise does not fall within the statute and does not have to be in writing.
D)There is an exception under which a secondary obligation need not be in writing
- the main-purpose rule.If the main purpose for incurring a secondary obligation is to obtain a personal benefit,the promise does not fall within the statute and does not have to be in writing.

Question 5

Which states do not adhere to the admission exception to the statute of frauds?

Accepted Answer

A)All states except Louisiana and California allow the admission exception to the
statute of frauds.
B)All states except Louisiana and California allow the admission exception to the statute of frauds.
C)All states except Louisiana and California allow the admission exception to the statute of frauds.
D)All states except Louisiana and California allow the admission exception to the statute of frauds.
E)All states except Louisiana and California allow the admission exception to the statute of frauds.

Question 6

Under the Uniform Commercial Code,contracts for the sale of goods totaling more than ________ must be in writing.

Accepted Answer

A)Agreements for a sale in which the total price is $500 or more are required by the UCC,Section 2-201,to be recorded in a written contract or a memorandum.
B)Agreements for a sale in which the total price is $500 or more are required by the UCC,Section 2-201,to be recorded in a written contract or a memorandum.
C)Agreements for a sale in which the total price is $500 or more are required by the UCC,Section 2-201,to be recorded in a written contract or a memorandum.
D)Agreements for a sale in which the total price is $500 or more are required by the UCC,Section 2-201,to be recorded in a written contract or a memorandum.
E)Agreements for a sale in which the total price is $500 or more are required by the UCC,Section 2-201,to be recorded in a written contract or a memorandum.

Question 7

Which of the following is a type of contract that does not fall within the scope of the statute of frauds?

Accepted Answer

A)Contracts falling within the statute of frauds are 1)contracts whose terms
prevent possible performance within one year,2)promises made in consideration of marriage,3)contracts for one party to pay the debt of another if the initial party fails to pay,and 4)contracts related to an interest in land.

Question 8

Which of the following is false regarding the statute of frauds and promises made in consideration of marriage?

Accepted Answer

A)Mutual promises to marry do not fall within the statute of frauds.
B)Mutual promises to marry do not fall within the statute of frauds.
C)Mutual promises to marry do not fall within the statute of frauds.
D)Mutual promises to marry do not fall within the statute of frauds.
E)Mutual promises to marry do not fall within the statute of frauds.

Question 9

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Accepted Answer

A)Mortgages and leases are within the statute because they are considered transfers
of interest in land.
B)Mortgages and leases are within the statute because they are considered transfers of interest in land.
C)Mortgages and leases are within the statute because they are considered transfers of interest in land.
D)Mortgages and leases are within the statute because they are considered transfers of interest in land.
E)Mortgages and leases are within the statute because they are considered transfers of interest in land.

Question 10

Which of the following was the result in the case in the text Sewing v.Bowman,involving the issue of whether an agreement to share in the profits of the land,such as appreciation in the value of the properties and rental income,came within the statute of frauds?

Accepted Answer

A)The court found that the statute of frauds did not apply because the land constituted an asset of the partnership,so the partnership agreement did not fall under the statute of frauds.
B)The court found that the statute of frauds did not apply because the land constituted an asset of the partnership,so the partnership agreement did not fall under the statute of frauds.
C)The court found that the statute of frauds did not apply because the land constituted an asset of the partnership,so the partnership agreement did not fall under the statute of frauds.
D)The court found that the statute of frauds did not apply because the land constituted an asset of the partnership,so the partnership agreement did not fall under the statute of frauds.
E)The court found that the statute of frauds did not apply because the land constituted an asset of the partnership,so the partnership agreement did not fall under the statute of frauds.

Question 11

Which statement is false regarding the statute of frauds?

Accepted Answer

A)The name "statute of frauds" does not relate to fraudulent contracts.
B)The name "statute of frauds" does not relate to fraudulent contracts.
C)The name "statute of frauds" does not relate to fraudulent contracts.
D)The name "statute of frauds" does not relate to fraudulent contracts.
E)The name "statute of frauds" does not relate to fraudulent contracts.

Question 12

What is necessary in order to satisfy the UCC's requirement for a written document?

Accepted Answer

A)Under the UCC requirement to be recorded in a written contract or a
memorandum,the writing need only state the quantity to be sold;buyer,seller,price,and method of payment do not need to be included.
B)Under the UCC requirement to be recorded in a written contract or a memorandum,the writing need only state the quantity to be sold;buyer,seller,price,and method of payment do not need to be included.
C)Under the UCC requirement to be recorded in a written contract or a memorandum,the writing need only state the quantity to be sold;buyer,seller,price,and method of payment do not need to be included.
D)Under the UCC requirement to be recorded in a written contract or a memorandum,the writing need only state the quantity to be sold;buyer,seller,price,and method of payment do not need to be included.
E)Under the UCC requirement to be recorded in a written contract or a memorandum,the writing need only state the quantity to be sold;buyer,seller,price,and method of payment do not need to be included.

Question 13

Within the statute of frauds,"land" encompasses not only the land and soil itself but anything ________ to the land.

Accepted Answer

A)Within the statute of frauds,"land" encompasses not only the land and soil itself but anything attached to the land,such as trees or buildings.
B)Within the statute of frauds,"land" encompasses not only the land and soil itself but anything attached to the land,such as trees or buildings.
C)Within the statute of frauds,"land" encompasses not only the land and soil itself but anything attached to the land,such as trees or buildings.
D)Within the statute of frauds,"land" encompasses not only the land and soil itself but anything attached to the land,such as trees or buildings.
E)Within the statute of frauds,"land" encompasses not only the land and soil itself but anything attached to the land,such as trees or buildings.

Question 14

A[n] is a statement made in court,under oath,or at some stage during a legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.

Accepted Answer

A)An admission is a statement made in court,under oath,or at some stage during a
legal proceeding in which a party against whom charges have been brought admits that an oral contract existed,even though the contract was required to be in writing.

Question 15

Debts incurred in an initial contract are known as which of the following?

Accepted Answer

A)Primary obligations are debts incurred in an initial contract.
B)Primary obligations are debts incurred in an initial contract.
C)Primary obligations are debts incurred in an initial contract.
D)Primary obligations are debts incurred in an initial contract.
E)Primary obligations are debts incurred in an initial contract.

Question 16

What type of contract falls within the scope of the statute of frauds?

Accepted Answer

A)Contracts whose performance,based on the terms of the contract,could not
possibly occur within one year fall within the statute of frauds and therefore must be in writing.
B)Contracts whose performance,based on the terms of the contract,could not possibly occur within one year fall within the statute of frauds and therefore must be in writing.
C)Contracts whose performance,based on the terms of the contract,could not possibly occur within one year fall within the statute of frauds and therefore must be in writing.
D)Contracts whose performance,based on the terms of the contract,could not possibly occur within one year fall within the statute of frauds and therefore must be in writing.
E)Contracts whose performance,based on the terms of the contract,could not possibly occur within one year fall within the statute of frauds and therefore must be in writing.

Question 17

As discussed in the text,a main purpose of the statute of frauds is to prevent unreliable ________ evidence from interfering with a contractual relationship.

Accepted Answer

A)A main purpose of the statute of frauds is to prevent unreliable oral evidence
from interfering with a contractual relationship.
B)A main purpose of the statute of frauds is to prevent unreliable oral evidence from interfering with a contractual relationship.
C)A main purpose of the statute of frauds is to prevent unreliable oral evidence from interfering with a contractual relationship.
D)A main purpose of the statute of frauds is to prevent unreliable oral evidence from interfering with a contractual relationship.
E)A main purpose of the statute of frauds is to prevent unreliable oral evidence from interfering with a contractual relationship.

Question 18

Which of the following is a term for contracts within the statute of frauds involving promises to pay a debt of another if the initial party fails to pay?

Accepted Answer

A)A secondary obligation occurs when a party outside a primary agreement
promises to fulfill one of the original party's primary debtor's)obligations if the original party fails to fulfill it.
B)A secondary obligation occurs when a party outside a primary agreement promises to fulfill one of the original party's primary debtor's)obligations if the original party fails to fulfill it.
C)A secondary obligation occurs when a party outside a primary agreement promises to fulfill one of the original party's primary debtor's)obligations if the original party fails to fulfill it.
D)A secondary obligation occurs when a party outside a primary agreement promises to fulfill one of the original party's primary debtor's)obligations if the original party fails to fulfill it.
E)A secondary obligation occurs when a party outside a primary agreement promises to fulfill one of the original party's primary debtor's)obligations if the original party fails to fulfill it.

Question 19

In which year did the English Parliament pass the Act for the Prevention of Frauds and Perjuries?

Accepted Answer

A)The Act for the Prevention of Frauds and Perjuries passed by Parliament in 1677.
B)The Act for the Prevention of Frauds and Perjuries passed by Parliament in 1677.
C)The Act for the Prevention of Frauds and Perjuries passed by Parliament in 1677.
D)The Act for the Prevention of Frauds and Perjuries passed by Parliament in 1677.
E)The Act for the Prevention of Frauds and Perjuries passed by Parliament in 1677.

Question 20

Which of the following is true regarding what is considered an interest in land within the statute of frauds?

Accepted Answer

A)A number of things that seem as if they are interests in land do not fall within the statute.For example,promises to sell crops annually,agreements between parties for profit sharing from the sale of real property,and boundary disputes that have been settled through the use of land are all outside the statute of frauds and,therefore,do not require evidence in writing.
B)A number of things that seem as if they are interests in land do not fall within the statute.For example,promises to sell crops annually,agreements between parties for profit sharing from the sale of real property,and boundary disputes that have been settled through the use of land are all outside the statute of frauds and,therefore,do not require evidence in writing.
C)A number of things that seem as if they are interests in land do not fall within the statute.For example,promises to sell crops annually,agreements between parties for profit sharing from the sale of real property,and boundary disputes that have been settled through the use of land are all outside the statute of frauds and,therefore,do not require evidence in writing.
D)A number of things that seem as if they are interests in land do not fall within the statute.For example,promises to sell crops annually,agreements between parties for profit sharing from the sale of real property,and boundary disputes that have been settled through the use of land are all outside the statute of frauds and,therefore,do not require evidence in writing.
E)A number of things that seem as if they are interests in land do not fall within the statute.For example,promises to sell crops annually,agreements between parties for profit sharing from the sale of real property,and boundary disputes that have been settled through the use of land are all outside the statute of frauds and,therefore,do not require evidence in writing.

Quiz 18: Contracts in Writing